GI protection: Need for change? Latha R Nair Partner, K&S Partners New Delhi November 25, 2008

© 2008 K&S Partners Need for legal change? Some concluding thoughts Some concluding thoughts Indian law provides for dual registration of a GI under the sui generis law and TM law Indian law provides for dual registration of a GI under the sui generis law and TM law Rationale is that: Rationale is that: There is no uniformity in the legal mechanisms that protect GIs worldwide There is no uniformity in the legal mechanisms that protect GIs worldwide Hence while Darjeeling can be registered as GI under the Indian GI law, a CTM registration is also required to be able to effectively enforce it, say, in the US! Hence while Darjeeling can be registered as GI under the Indian GI law, a CTM registration is also required to be able to effectively enforce it, say, in the US!

© 2008 K&S Partners Need for legal change While Indian law is very broad on the subject matter for registration, the right holders may not be able to fully enforce it internationally: While Indian law is very broad on the subject matter for registration, the right holders may not be able to fully enforce it internationally: For e.g., there is no protection available in many countries for products of handicraft For e.g., there is no protection available in many countries for products of handicraft Some countries only have collective mark and trademarks available to protect GIs, which may not be an effective method to protect a GI Some countries only have collective mark and trademarks available to protect GIs, which may not be an effective method to protect a GI There are no international guidelines for misappropriation of GIs as domain names There are no international guidelines for misappropriation of GIs as domain names

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